Text: S03381 Text: S03383 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 109, as passed by the Senate, as 1 2 follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 "Section 1. Section 85.71, Code 1997, is amended 1 6 to read as follows: 1 7 85.71EMPLOYMENTINJURY OUTSIDE OF STATE. 1 8 If an employee, while working outside the 1 9 territorial limits of this state, suffers an injury on 1 10 account of which the employee, or in the event of 1 11 death, the employee's dependents, would have been 1 12 entitled to the benefits provided by this chapter had 1 13 such injury occurred within this state, such employee, 1 14 or in the event of death resulting from such injury, 1 15 the employee's dependents, shall be entitled to the 1 16 benefits provided by this chapter,provided thatif at 1 17 the time of such injury any of the following is 1 18 applicable: 1 19 1. The employment is principally localized in this 1 20 state, that is, the employee's employer has a place of 1 21 business in this or some other state and the employee 1 22 regularly works in this state, or if the employee's 1 23 employer has a place of business in this state and the 1 24 employee is domiciled in this state, or. 1 25 2. The employee is working under a contract of 1 26 hire made in this state in employment not principally 1 27 localized in any state, orand the employee spends a 1 28 substantial part of the employee's working time 1 29 working for the employer in this state. 1 30 3. The employee is working under a contract of 1 31 hire made in this state in employment principally 1 32 localized in another state, whose workers' 1 33 compensation law is not applicable to the employee's 1 34 employer, or. 1 35 4. The employee is working under a contract of 1 36 hire made in this state for employment outside the 1 37 United States. 1 38 Sec. 2. NEW SECTION. 85.72 CLAIMS FOR BENEFITS 1 39 MADE OUTSIDE OF STATE RESTRICTIONS CREDIT. 1 40 1. An employee, or an employee's dependents, shall 1 41 not be entitled to benefits under this chapter if the 1 42 employee or the employee's dependents has initiated a 1 43 judicial proceeding or a contested case or other 1 44 similar proceeding for the same injury, disability, or 1 45 death pursuant to the laws of another state or country 1 46 concerning workers' compensation, and the employee or 1 47 the employee's dependents receives benefits following 1 48 resolution of the proceeding pursuant to a settlement, 1 49 judgment, or award. 1 50 2. If an employee, or an employee's dependents, 2 1 initiates a judicial proceeding or a contested case or 2 2 other similar proceeding for benefits pursuant to the 2 3 laws of another state or country concerning workers' 2 4 compensation, any proceeding initiated by an employee, 2 5 or an employee's dependents, for workers' compensation 2 6 benefits under this chapter for the same injury, 2 7 disability, or death shall be stayed, without 2 8 prejudice, pending resolution of the out-of-state 2 9 claim for benefits. 2 10 3. If benefits are paid under this chapter and 2 11 were payable, at any time, for the same injury, 2 12 disability, or death pursuant to the laws of another 2 13 state or country concerning workers' compensation, the 2 14 employer shall have a credit toward the benefits 2 15 payable under this chapter for any benefits paid in 2 16 another state or country." 2 17 #2. Title page, line 1, by striking the word 2 18 "employment" and inserting the following: "injuries 2 19 that occur and claims made". 2 20 SF 109H 2 21 ec/pk/25
Text: S03381 Text: S03383 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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